Sunday, December 21, 2014

How To Keep What Is In The Best Interest Of The Child In A Custody Case.

What is determined to be in the best interests of the child is not based on any generalizations about child custody and access. Each child custody case must be decided based on the individual details of each custody case, and the evidence that has been presented. Having your particular child custody case or questions evaluated through us online simply by filling out the contact form on the right of this page so we can assist you with your unique situation, will help ensure that you will be on the right track in what to do for your child custody situation – that will be truly be in the best interest for your particular child and how to handle the custody case.

One of the most difficult situations to find yourself in is asking the question, how do I get custody of my kids? This may be because you are in the midst of a contested divorce, broke up with a significant other, or discovered something bad about your child’s living situation. No matter what the reason, there are some specific rules you must abide by to make sure that you do not make yourself look bad in the eyes of the court. Obviously, contacting a child custody attorney is of utmost importance, but you should make sure that you don’t damage your chances of success.

Understanding the “Best Interests of the Child” Standard: The court looks to make its decision on which party should get custody of the children by determining what is in the children’s best interests. This means a number of things, such as:

    The wishes and feelings of the child, based on their age and maturity;
    The emotional, physical and educational needs of the child;
    The possible effect on any change in the child’s circumstances;
    Anything that has harmed or could harm the child now or in the future;
    How capable each parent is of raising the child

How Do I Get Custody of My Kids?
September 22, 2012
by Nicholas Baker

Thursday, December 18, 2014

How to get custody of your child in days not weeks.

Here is what Dr. Barry Bricklin and Dr. Gail Elliot respected child custody experts offer in their best selling program CHILDCUSTODYSTRATEGIES, a great chance of a favorable custody determination when you get their unique child centered custody program developed for both men and women. The complete steps to obtaining a positive court decision are provided so that there is no doubt in your mind that with certainty you would obtain the decision desired for your child or children.

The Steps:  Child custody is one of the most heavily contested decisions in divorce proceedings. There are the emotions of the child and each parent factors such as the child's age and the incomeemployment status and living situation of each parent to consider. Here are a few tips on how to get child custody and be sure the court finds in your favor. When considering child custody laws today take into account the best interests of the child always.
  **  Take the time to think about what the best arrangement for your child would be and be open about your opinion of what child custody agreement will be in their best interest. Being honest about this will show the judge you genuinely care about the outcome and aren't fighting for custody just to spite the other parent.
**   Provide evidence of financial stability.
**   A parent's ability to financially provide for a child weighs heavily in child custody hearings.
**  Obtain custody of child by bringing documentation of a steady income and reliable source of finances to the custody hearing. These should include pay stubs and a letter of reference from a workplace supervisor verifying your length of employment.
**  Establish a permanent residence. This will show the court your ability a stable home environment. Bring proof of this, including your lease or a letter of reference from your landlord.
**  Minimize the required level of adjustment.
** Win custody of child by following to the letter the child custody laws today. This will involve creating an environment that will require minimal adjustment. Don't move out of state, quit your job, get remarried or do anything drastic during the custody proceedings that would further disrupt the child's everyday life.
** Speak honestly. Courts take the intentions of each parent into consideration when determining child custody, so be truthful about why you want custody and why you feel you are the better choice to raise your child.
**  Avoid malicious actions. The court do not usually look favorably upon parents who act out vengefully. More on child custody laws in the sidebar.
**  Emotions will run high during a custody hearing, but reacting angrily or spitefully could harm your chances of winning child custody. Keep your statements about the child's other parent truthful, but not inflammatory.
**  Provide a healthy medical history.
**  The judge will consider each parent's physical and mental health when deciding who is fit to be awarded custody in court cases. Establish proof of good physical and mental health with a statement or medical records from your primary physician. Following some key child custody strategies will allow you to have the peace of mind necessary for obtaining your child's best interests in a lengthy and not so lengthy divorce settlement.

Thursday, September 11, 2014

What is Joint Custody vs. Sole Custody?

Joint Custody

Joint custody means that both parents share the responsibilities of the children and should work together to approve any major decisions related to the children’s lives.  For this reason, most courts encourage joint custody, whereby one parent is still the custodial parent (where the child lives most of the time) and the other parent is the noncustodial parent (where the child has visitation with the other parent).  The reason is straightforward and simple—having both parents in a child’s life is important for literally dozens of reasons to help a child grow up with positive influences from both parents.

Sole Custody

Sole custody of a child, which is granted in some situations, is where the primary care giver (custodial parent) does not need to work with the other parent to develop plans of how the child should be raised or to make big decisions on medical procedures or little decisions such as after school activities. However, many courts are now moving towards allowing the non-custodial parent certain rights regarding serious medical procedures and extreme sports. Because of the changing laws, it is advisable to speak with an attorney who specializes in child custody matters.

Thursday, April 10, 2014

How Much Child Support is Supposed to be Paid?

In many instances, child support breaks down into a simple formula that will be determined by statute. Depending on how many children you have, for the most part, a percentage of your net income (the amount after you pay taxes that you actually receive in your paychecks) will be owed to the custodial parent (the parent where the child(ren) live most of the time).  This is not true in all instances though, as the needs of the child are determined to be the primary factor in paying child support.

For example, in a state such as Illinois, child support would be calculated at 20% of the noncustodial parent’s net income for 1-child.  However, if a person makes little to no money, they will still be ordered by the court to pay some reasonable amount of money to help support that child.  Furthermore, should the noncustodial parent make millions of dollars a year, that person may not necessarily have to pay a true 20% of his or her net income to the custodial parent because a judge would realize that a child does not need hundreds of thousands of dollars a year to live in a safe environment.

Other states, such as Florida, do not start out with a base amount of support that is needed to be paid to the custodial parent.  In states like Florida, the amount is determined on many factors that all influence what the judge determines is in the “best interest of the child.”  Such factors in states that follow this method include, but are not limited to:

    Extraordinary medical, psychological or educational needs of the child;

    Income of the child;

    Variations of parents income based on the season; or

    Any other relevant or extraordinary circumstance.

Tuesday, March 4, 2014

Child custody hearing in a court of law. Video explaining court proceeding.

Child custody hearing in a court of law. Click on the link to learn why.  Find out real world examples in this full study of how to win in court by legal experts with over 38 years experience in child custody wars.